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[Back] DECISION DIGEST  
Record no. 798
Case name: McDonald v. North Vancouver (City)
Date: 1966-01-24
Jurisdiction: Canada - British Columbia
Court: Supreme Court
Release registry: [Subscribers only]
Court file: [Subscribers only]
Order no.: [Subscribers only]
Parties: Name   Appearing as
  McDonald   Plaintiff
  North Vancouver (City)   Defendant
Before: Decision maker Designation
Dohm, Thomas Anthony J.
Lawyers: Name   Appearing for
  Alley, J.G.   Plaintiff
  Wright, W.J.   Plaintiff
  Anderegg, Ray V.   Defendant
Experts: Name Occupation Appearing for
  Bannerman Engineer Plaintiff
Taking type: [Subscribers only]
Valuation date: [Subscribers only]
Case elements: [Subscribers only]
Decision: Application by an owner for a declaration pursuant to the Municipal Act, R.S.B.C. 1960, c. 255, s. 495, that would require the Defendant expropriating authority to expropriate all of his property. The Defendant had previously commenced expropriation proceedings under the Act which would have taken part only of the Plaintiff's property. The Plaintiff undertook to give title to the whole parcel if the court found in his favour. The Plaintiff carried on the business of manufacturing boat bumpers and blasting mats on the subject property located in the City of North Vancouver. It was held that the taking of part of the land as proposed by the Defendant did not render the balance of the property inadequate or undesirable for its present purpose.
Comment: [Subscribers only]
Statute references: [Subscribers only]
Case references: [Subscribers only]
Related decisions:      
  Earlier
 
  Later
 
Neutral citation: N/A
ExLaw citation: [1966] EXLAW 1
Parallel citations: 1966 CarswellBC 195
  (1966) 26 L.C.R. 230
Reasons: [Subscribers only]
Digests contain original content produced by ExLaw and copyright in this content is held by Dicta Legal Services Ltd. (dba Expropriation Law Centre). Reasons for decision are the text of original decisions released by the court or tribunal and edited for accuracy where required. No copyright is claimed for these materials.
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Page last updated: October 14, 2023